TALUKA DEVELOPMENT OFFICER Vs. GITABA VINUBHA

JUDGEMENT

(1.) Heard learned advocate Ms.Khyati Hathi for appellant no.1 - Taluka Development Officer and learned advocate Mr.Divyank Tripathi for Mr.Premal S. Rachh for respondent no.1 and learned advocate Mr.Premal Joshi for respondent no.2 in First Appeal No.3268 of 2014 who is also appearing for the appellant in First Appeal No.2217 of 2015. Perused the record.

(2.) In First Appeal No.3268 of 2014 appellant is original opponent no.6 which is considered as a principal employer whereas in First Appeal No.2217 of 2015 appellant is actual employer being original opponent no.1. Thereby, both the opponents/appellants have challenged the same judgment and award dated 09.05.2013 in Workmen's Compensation Fatal Application No.51 of 1998 wherein Commissioner under the Workmen Compensation Act and Labour Court of Jamnagar has awarded an amount of Rs.1,97,060/- with 9% interest and 25% penalty to be paid by both the opponents being original employer i.e. Contractor of work and principal employer.

(3.) Principal employer being Taluka Development Officer has challenged the award contending that they have not employed the deceased - victim and therefore, they are not liable to pay compensation. It is also contended by both the appellants that alleged incident has taken place almost after five months from the date of completion of work contending that work was completed on 22.03.1997. Opponent no.1 - original employer of deceased - victim of incident has also challenged the award taking the same ground that work was over and deceased - victim of the incident was voluntarily working on construction site on behalf of the village people to add more rooms in the school premises.